Rashun Johnson v. Sheriff Matthew Moulton

United States District Court for the Middle District of Georgia

Rashun Johnson v. Sheriff Matthew Moulton

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

RASHUN JOHNSON, : : Petitioner, : : VS. : : NO. 5:25-CV-00411-CAR-CHW Sheriff MATTHEW MOULTON, : : Respondent. : __________________________________

ORDER

Pro se Petitioner Rashun Johnson filed a petition for federal habeas corpus relief while an inmate in the Houston County Detention Center in Perry, Georgia. ECF No. 1. On October 22, 2025, Petitioner was ordered to recast his complaint and provided instructions on how to do so. ECF No. 4. Petitioner was also ordered to submit a certified inmate account statement in support of his request to proceed without payment of the filing fee. Id. Petitioner was given fourteen (14) days to comply with the Court’s order and was informed that failure to comply could result in dismissal of this action. Id. Petitioner failed to respond. Therefore, on November 21, 2025, the Court notified Petitioner that he failed to respond to an order of the Court. ECF No. 7. Petitioner was ordered to show cause why this action should not be dismissed for failure to comply with the Court’s order. Id. The Court informed Petitioner that this action could be dismissed if he failed to respond to the order to show cause. Id. Petitioner was given fourteen (14) days to respond. Petitioner has failed to respond. Moreover, mail sent by the Court to the Petitioner has been returned suggesting that

he is no longer incarcerated in the Houston County Detention Center. See ECF Nos. 6 and 7. A review of the Houston County Detention Center online inmate database reveals that Petitioner was released from the custody of the Houston County Detention Center some time before November 15, 2025 and has remained out of their custody as of December 15, 2025. See https://houston-so-ga.zuercherportal.com/#/inmates (search for “Johnson, Rashun”, last visited December 15, 2025); https://perma.cc/67BC-TYX2. Petitioner was

previously instructed that he must immediately inform the Court in writing of any change in his mailing address. See ECF No. 4 at 4. Petitioner has failed to notify the Court of his current address. Due to Petitioner’s failure to follow the Court’s Orders, failure to keep the Court informed of his address, and failure to prosecute this action, the case is hereby

DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,

205 F. App’x 802, 802

(11th Cir. 2006) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order.”) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cty. Indep. Sch. Dist.,

570 F.2d 541, 544

(5th Cir. 1978)).

SO ORDERED, this 16th day of December, 2025. s/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT 2

Reference

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